KUWAIT
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice 8th Edition;
Single-class;
Goods and services can be registered but alcoholic beverages, pork meat or services associated therewith cannot.
International Arrangements
Kuwait is not a member State of the Paris Convention. However, priority can be claimed on the basis of a previous application filed in a state that is a signatory to a multilateral international convention to which a GCC State is a member, by virtue of a reciprocal arrangement.
Renewal
The day before expiry of 10 years from the filing date, and then every 10 years thereafter.
Use Provisions
Non-use of a mark for a period of 5 years from the date of registration renders it open to an action for cancellation by third parties.
Patent information
On 3rd April 2016, Law No. 115 of 2016 was published and, as a result, the GCC Patent Law and regulations came into effect in Kuwait on the following day, 4th April 2016. As a result, the Kuwaiti Patent Office stopped accepting new patent applications from 4th April 2016 onwards, and instead advised parties interested in seeking patent protection in Kuwait to utilize the GCC regional patent office. At that time, the fate of all pending Kuwait patent applications became uncertain. Then, with no forewarning, the Gulf Cooperation Council (GCC) Patent Office suddenly stopped accepting new patent applications as of 6th January 2021. Please refer to our section on GCC patents for further information.
Kuwait also issued Law No. 11/2016 which paved the way for the country’s accession to the PCT, and Kuwait then became bound by the PCT on 9th September 2016.
In June 2017, the Kuwaiti Patent Office announced that, in collaboration with the Gulf Cooperation Council Patent Office, they have completed the formality examination for all pending Kuwaiti patent applications. It is expected that the Kuwaiti Patent Office will communicate this news directly to the agents of record for each case and advise them of the next steps in the prosecution and grant of patents in each case.
There are inevitably still a number of questions that remain unanswered at this stage about the prosecution and handling of patent applications in Kuwait, but we are hopeful that new regulations will shortly be issued which will provide guidance as to the processing and grant of both national and PCT national phase patent applications in Kuwait and the payment of annuity fees there.
If you require any further information, please do not hesitate to contact us.
design information
Types of Design
International Arrangements
Kuwait is not a member State of the Paris Convention. However, priority can be claimed on the basis of a previous application filed in a state that is a signatory to a multilateral international convention to which a GCC State is a member, by virtue of a reciprocal arrangement.
Duration
10 years from the filing date.
Renewal
The initial term of 10 years is extensible for a further 5 years.
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